Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Parties choose and agreed to arbitration being conducted outside India - Arbitration was in fact held outside India - There is thus clear exclusion of Part-I of the Act - Award passed outside India cannot be challenged in India by filing application u/s 34 of the Act...........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Transfer of case - Transfer of case is not always a solution acceptable to both the parties - It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Irretrievable breakdown of marriage - In the absence of proof of cruelty, Court committed serious error in granting decree of divorce only on the ground of parties living separately for a long time and that by such separation, marriage has irretrievably broken down - Impugned decree of..........
Hindu Marriage Act, 1955, Section 11, 29(2) -- Null and void marriage - Second marriage by wife during subsistence of first marriage - Wife taking plea of customary divorce - Wife failed to prove customary divorce prevailing in her community - Custom cannot be created by agreement between parties and execution of `Farkatnama' between her and her first husband does not..........
West Bengal Premises Tenancy Act, 1997, Section 7(1) -- When tenant does not dispute either relationship of landlord and tenant between parties or arrears amount of rent, then tenant has to deposit arrears rent in Court or pay the said amount to landlord within stipulated time and he does not need to file any application before the Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Incidents alleged should be of recurring nature or continuing one and should be in near proximity with the filing of petition - Few isolated incidents of long past and that too condoned due to compromising behaviour of parties do not constitute an act of cruelty...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 8(c), 18, Criminal Procedure Code, 1973, Section 438 -- Bail - Bar to grant anticipatory bail - Accused allegedly caused death of deceased and assaulted informant - Parties being co-villagers are known to each other thus attract presumption u/S.8(c) of the Act - Evidence of..........
Indian Contract Act, 1872, Section 65 -- Principle of restitution - Where both the parties knew at the time when agreement was entered into is not lawful and therefore, void then S.65 of the Act would not apply...........
Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of arbitral award - Jurisdiction of arbitrator to decide on validity of agreement between parties - Arbitrator can do so provided same is subject matter of dispute...........
